TRACI (THERESA) CAPISTRANT

Theresa (Traci) A. Capistrant has focused her practice on Family Law for over 36 years.  As a part of her family law practice, Traci has handled everything from simple, straightforward divorces, to complex custody and financial litigation in cases involving custody, third-party custody, paternity, dissolution, post decree enforcement, step-parent adoption, child support enforcement/ modification, parenting time and custody disputes, and a myriad of other issues that arise in a family situation. While a fierce advocate for her clients, Traci has resolved cases through both settlement and the formal trial process.  Her focus is on finding a resolution that fits her client’s needs, giving them hands-on input in their case, and brings them dignity in the process.
 
So many aspects of a family law matter are heart-wrenching and stressful.  Anger, sadness, confusion, feelings of betrayal, and distrust can overtake the process, making it difficult for a party to focus on their true needs. Traci’s empathetic approach helps her clients wade through those feelings, while protecting and advocating for them when they are not always able to do so for themselves.  She uses several different methods to get to a resolution for her clients, including early neutral evaluations, mediation, and if needed, litigation.  While she can be an aggressive advocate, Traci also works very well with opposing counsel and the courts to avoid high attorney fees and costs, whenever possible.

​

In addition to her legal training, Traci continually works to expand her expertise in alternative dispute resolution fields so that she can be of service to those who truly want to avoid litigation. She is a Rule 114 Qualified Neutral, working as a mediator to help families reach agreement on their issues without court intervention. In that role, Traci has mediated complex custody and parenting time cases throughout the State of Minnesota. Traci is also trained as an Early Neutral Evaluator (ENE).  The Social ENE process helps families resolve custody and parenting time issues, avoiding the need, expense, and emotional drain of a full custody or parenting time evaluation.  The Financial ENE helps families resolve the division of their assets and support issues without need for litigation. Traci is available to act as an ENE evaluator in Anoka, Hennepin, Ramsey, Sherburne, Washington and Wright Counties. Traci also works as a parenting consultant, a parenting time expeditor, and as a personal property arbitrator. In these roles, she adopts a decision-making role for families struggling to reach agreements that impact their children or who are struggling to divide their personal belongings. Each of these formats allow Traci to work with the “whole” family process to resolve matters outside of the courtroom.

​

Raised in North Saint Paul, Minnesota, Traci graduated from the University of Minnesota, with a B.S. in Business Administration in 1985. She attended William Mitchell College of Law and graduated, cum laude, in 1988.  She started her legal career at Oppenheimer, Wolff and Donnelly Law Firm in the areas of insurance coverage, employment law, and products liability.   Transitioning her focus to Family Law, Traci joined the law firm Peterson, Fishman and Livgard, P.A in 1991, becoming a named partner in 1993. In January 2001, Traci launched Capistrant Law, P.A. focusing exclusively on family law matters. In August 2020, Traci and Dan Van Loh merged to form Capistrant Van Loh, P.A. focusing on family law and conflict resolution.
 
Traci has been named to the Thomsen Reuters “Super Lawyer” list every year since 2002, earning Top 100 Women Super Lawyer honors in 2005, 2006 and again in 2009. She also holds a 10 out of 10 rating status through AVVO and has been selected by her peers for inclusion in every Edition of 'The Best Lawyers In America ©' since 2021. Traci is a member of the Minnesota State Bar Association, the Hennepin County Bar Association, AFCC, Minnesota Women Lawyers, and does pro bono work through the Volunteer Lawyers Network.